How to Write a Will in the UK

The Definitive Guide: How to Write a Will in the UK for 2026

Published by LocalPage.uk Editorial Team | Updated for 2025-2026 Regulations | 12 Minute Read

In the current UK economic landscape, protecting your assets is no longer a luxury reserved for the ultra-wealthy. With the Department for Business and Trade reporting 5.6 million private sector businesses active in the UK in 2025, a significant portion of the population now holds complex interests, including limited companies, digital assets, and commercial property. Yet, despite the rise in entrepreneurship, nearly 60% of UK adults still do not have a valid will. Failing to document your wishes can lead to the "laws of intestacy" dictating your legacy, often resulting in unintended tax burdens and family disputes.

£2.3 Trillion Total annual turnover contributed by UK small businesses in 2025, highlighting the critical importance of succession planning through formal will writing.

Assessing Your Estate: What Needs Including in a 2026 UK Will

Before you begin drafting, you must have a clear understanding of what constitutes your "estate." In 2026, this extends far beyond physical property. It encompasses your personal savings, investments, intellectual property, and even your digital footprint. For those in the professional services sector—which makes up 22% of all UK businesses—your client lists and brand reputation are also valuable assets that require specific directives.

Identifying Physical and Financial Assets

Start by listing your primary residence, any buy-to-let properties, and high-value items such as vehicles, jewellery, or art. Financial assets include bank accounts, ISAs, stocks, and shares. Crucially, you should check your pension expressions of wish. Pensions often sit outside your estate for Inheritance Tax (IHT) purposes and are usually governed by the trustees of the pension scheme, but they must still align with your overall testamentary strategy.

The Growth of Digital and Intellectual Assets

In 2026, the ICO (Information Commissioner's Office) emphasizes the importance of data legacy. Your will should ideally include a "Digital Memorandum" detailing how social media accounts, cryptocurrency wallets, and online business platforms should be handled. Whilst you should not include passwords directly in the will (which becomes a public document after probate), you must provide a secure way for your executors to access these digital vaults.

Valuation Accuracy for HMRC Compliance

Always ensure your valuations are current. HMRC requires an accurate "date of death" valuation for all assets. For business owners, this might involve a professional valuation of your shares or the "goodwill" of your enterprise.

Strategic Business Succession Planning

If you are one of the 4.2 million micro-business owners in the UK, your business is likely your most significant asset. Without a specific clause in your will, your business could be frozen upon your death, preventing staff from being paid or contracts from being fulfilled. This is particularly vital in the hospitality sector, where 190,000 premises across the UK rely on daily operational liquidity.

Shareholder Agreements vs. Testamentary Wishes

If you operate a limited company, your will must be cross-referenced with your Articles of Association and any Shareholder Agreements. Often, these documents contain "pre-emption rights" that dictate who can buy your shares. Your will cannot override a legally binding Shareholder Agreement, so it is essential to ensure they work in harmony to avoid legal gridlock at Companies House.

Appointing a Business Executor

Consider appointing a separate "Business Executor"—someone who understands your industry and can manage the company’s affairs whilst probate is being granted. This ensures that the 71% of UK adults using smartphones to find and interact with local businesses don't find a "permanently closed" notice because of a lack of administrative continuity.

Business Property Relief (BPR) Maximisation

Work with a professional to ensure your business qualifies for BPR, which can reduce the value of business assets by up to 100% for IHT purposes, keeping the enterprise viable for the next generation.

Pro Tip: For businesses in Wales, Business Wales provides specific mentorship on succession. If your business is registered in Cardiff but you reside in Bristol, your will is generally governed by the law of England and Wales, but the administration of business rates will involve the Welsh Government.

Choosing Your Executors and Guardians

The role of an executor is demanding. They are legally responsible for calculating IHT, paying debts, and distributing assets. In 2026, many people choose a mix of a trusted family member and a professional executor (such as a solicitor or a specialist trust corporation) to balance personal insight with technical expertise.

Qualities of a Reliable Executor

Your executor should be someone who is organised, financially literate, and likely to outlive you. Given the complexities of modern UK tax law, especially regarding

the Residence Nil Rate Band, having an executor who knows when to seek professional advice from the FCA-regulated advisors is paramount.

Appointing Legal Guardians for Minor Children

For parents, this is often the primary motivation for writing a will. If you do not appoint a guardian, the courts will decide who looks after your children. This can be particularly distressing if family members disagree on the best course of action. Ensure you have discussed the role with your chosen guardians before naming them.

Executors in Different Jurisdictions

Whilst you can appoint executors living in Scotland or Northern Ireland for an English estate, be aware that practicalities like signing documents or attending local authorities might be more cumbersome. If you have significant assets in both London and Belfast, consider a firm with a cross-border presence.

Understanding the Impact of UK Inheritance Tax (IHT)

Inheritance Tax is often described as a voluntary tax because careful planning can significantly reduce the liability. In the 2025/26 tax year, the standard Nil Rate Band remains at £325,000, with an additional Residence Nil Rate Band of up to £175,000 when leaving a main home to direct descendants.

The Thresholds and the 40% Trap

Any value in your estate above these thresholds is generally taxed at 40%. For the 34% of UK businesses located in London and the South East, where property prices remain high, many families find themselves inadvertently over the threshold. Using your will to set up trusts or make charitable donations (which can reduce the tax rate to 36%) are common strategies.

Gifting and the Seven-Year Rule

Writing a will is the perfect time to review your lifetime gifting. Under current HMRC rules, most gifts fall out of your estate if you survive seven years. However, "gifts with reservation of benefit"—such as giving away your house but continuing to live in it rent-free—will stay within your estate for tax purposes.

68% of UK consumers now prioritize businesses with clear ethical standings. Including a charitable legacy in your will can bolster your business's brand legacy whilst providing tax relief.

Regional Legal Variations Across the UK

It is a common misconception that "UK Law" covers wills. In reality, the legal systems of England & Wales, Scotland, and Northern Ireland have distinct differences that can fundamentally change how your assets are distributed.

Succession Law in Scotland

In Scotland, you cannot completely disinherit a spouse or children. They have "Legal Rights" to a share of your "moveable estate" (money, shares, and personal possessions), regardless of what your will says. If you are a business owner in Glasgow or Edinburgh, your company shares are considered moveable property and are subject to these claims.

Northern Ireland and the Windsor Framework

For those with business interests in Northern Ireland, the legal framework is similar to England and Wales but with specific variations in land law and court procedures. Furthermore, if your business involves cross-border trade with the Republic of Ireland, which has seen a 12% increase since 2024, your will may need to address assets held in a different EU jurisdiction.

The Unity of Companies House

Regardless of where you reside in the UK, if your company is a UK LTD, Companies House remains the central registry. However, the legal process of "Confirmation" in Scotland serves the same purpose as "Probate" in England, Wales, and Northern Ireland, though the forms and timelines differ slightly.

The Formalities: Making Your Will Legally Binding

A will is not legally valid just because it is written down. It must meet strict criteria set out in the Wills Act 1837 (for England and Wales) or the relevant regional legislation. In an era where 76% of UK consumers research services online, there is a temptation to use "DIY" online templates. Whilst these can work for simple estates, they often fail for business owners or complex family setups.

Signature and Witnessing Requirements

To be valid, the will must be signed by you in the presence of two independent witnesses who also sign in your presence. In England and Wales, a witness cannot be a beneficiary of the will or the spouse/civil partner of a beneficiary. If they sign, they lose their inheritance. In Scotland, only one witness is strictly required, but two is standard practice to ensure the document is "probative."

Mental Capacity and Undue Influence

You must have "testamentary capacity"—you must understand what you are doing and the extent of the property you are giving away. This is increasingly important in 2026 as the UK's ageing population grows. If there is any doubt, a "Larke v Nugus" statement from a solicitor can help protect the will from future challenges.

Updating Your Will After Marriage or Divorce

In England and Wales, marriage usually revokes an existing will entirely. Divorce does not revoke the will, but it treats the ex-spouse as if they had died on the date of the decree absolute. In Scotland, the rules differ; marriage does not automatically revoke a will.

Storing Your Will and Notifying Executors

A will is useless if it cannot be found. Unlike some European countries, the UK does not have a single mandatory national register of wills. Therefore, the responsibility for storage and communication rests with you.

Professional Storage vs. Home Storage

Many solicitors and professional will writers offer secure storage for a small fee or as part of their service. Alternatively, you can store it at the National Probate Registry for a one-off fee. Storing it at home in a "safe place" is risky; if the will is lost or damaged, the law may assume you destroyed it with the intention of revoking it.

The Importance of a "Letter of Wishes"

Alongside your formal will, you should write a Letter of Wishes. This is not legally binding but provides guidance to your executors. It is the ideal place to explain why you have made certain decisions, describe the type of funeral you would like, or provide details on how to manage your business's social media presence.

Common UK Voice Search Queries About Wills

"Hey Google, can I write my own will in the UK?"

Yes, you can write your own will, but it must be signed and witnessed correctly to be legally valid. For business owners or those with estates over the £325,000 IHT threshold, professional advice is strongly recommended to avoid costly legal errors.

"Alexa, how much does a solicitor charge for a will in 2026?"

Prices vary by region and complexity. A simple mirror will for a couple might cost between £250 and £500, whilst a complex business will involving trusts can exceed £1,000. Many people use "Free Wills Month" or "Will Aid" to support charities whilst securing their legacy.

Protecting Your Business Legacy

For the 99.3% of UK businesses that are SMEs, the owner *is* the business. If you are a tradesperson—part of the 385,000+ businesses in the construction sector—your will needs to account for the sale or transfer of specialized tools, vehicles, and ongoing contracts.

Dealing with Business Debts

Your will should clarify how business debts are to be settled. Are they secured against your personal assets (like your home)? If so, your beneficiaries might inherit a debt they cannot service. Clear directives on using life insurance or business assets to clear these liabilities can save your family from financial ruin.

Continuity for Staff and Clients

A well-drafted will acts as an emergency manual. It should point to where the "Business Continuity Plan" is kept. This is especially vital in the retail sector, where 75% of businesses are single-person operations; without a plan, the value of the business evaporates the moment the doors stay locked.

Key Consideration: In Northern Ireland, cross-border trade and differing VAT treatments under the Windsor Framework mean that a business will must be particularly precise about accounting and tax liabilities to prevent the 12% growth in trade from becoming a 12% growth in legal fees for your heirs.

Reviewing and Updating Your Will

A will is not a "set and forget" document. The British Chambers of Commerce recommends reviewing your business and personal plans at least every three to five years, or whenever a major life event occurs. In 2026, the pace of legislative change—especially regarding digital taxation and regional devolution—makes this more critical than ever.

Triggers for an Immediate Review

Births, deaths, marriages, and divorces are obvious triggers. However, business milestones are equally important. If your micro-business has grown into a medium-sized enterprise, or if you have moved your base from London to the North East to take advantage of lower acquisition costs, your will needs an update to reflect your new reality.

The Cost of Inaction

The Federation of Small Businesses (FSB) notes that thousands of UK businesses close every year because of "lack of succession." Writing a will is the final act of leadership for any business owner. It ensures that the £2.3 trillion turnover generated by the SME sector continues to support the UK economy and your loved ones long after you are gone.

Frequently Asked Questions

Do I need a new will if I move from England to Scotland?

Yes, it is highly advisable. While a will validly made in England is generally recognized in Scotland, the laws of "Legal Rights" in Scotland allow spouses and children to claim a share of your moveable estate regardless of your will. A Scottish solicitor can help you navigate these unique protections to ensure your intentions are met as closely as possible within the Scottish legal framework.

Can I leave my limited company shares to my children in my will?

You can, but you must first check your company's Articles of Association and any Shareholder Agreement. These documents often take precedence and might require shares to be offered to existing directors first. If you don't align your will with these documents, your children might receive the value of the shares but not the right to run the company or vote on its future.

What is the 'Nil Rate Band' for UK inheritance tax in 2026?

For the 2025/26 tax year, the Nil Rate Band is £325,000. This is the amount of your estate that can be passed on tax-free. If you leave your main home to your children or grandchildren, you may also qualify for the Residence Nil Rate Band of an additional £175,000, bringing the potential tax-free threshold to £500,000 for individuals or £1 million for married couples/civil partners.

What happens if I die without a will (Intestacy) in the UK?

If you die "intestate," the law decides who inherits. Under current UK rules, your spouse or civil partner inherits the first £322,000 of your estate and all personal belongings. The remainder is split 50/50 between the spouse and children. If you are unmarried and have no children, your estate could go to distant relatives or even the Crown, leaving long-term partners with nothing.

Is a digital will or an email considered a valid will in the UK?

Currently, no. The UK requires a physical document with "wet ink" signatures. While video witnessing was temporarily allowed during the pandemic, the standard remains that you and your two witnesses must be physically present in the same room. An email, a text message, or a video recording is generally not legally binding and will likely be rejected by the Probate Registry.

Does my will cover my business in Northern Ireland?

A UK will can cover assets across all four nations, but Northern Ireland has its own Probate Registry. If you own property or a business in NI, your executors will need to apply for a 'Grant of Probate' in Belfast. Given the unique regulatory environment of the Windsor Framework, it's wise to ensure your will explicitly mentions your NI business interests to prevent delays.

How often should a UK business owner update their will?

The British Chambers of Commerce recommends a review every 3 to 5 years. However, immediate updates are needed if you change your business structure (e.g., from sole trader to LTD), take on new shareholders, or if your business value grows significantly, as this might change your Inheritance Tax strategy and Business Property Relief eligibility.

Can my witnesses also be beneficiaries in my will?

In England, Wales, and Northern Ireland, no. If a beneficiary (or their spouse/civil partner) witnesses your will, the will remains valid, but the gift to that person becomes void—they will inherit nothing. In Scotland, the rules are slightly different, but the best practice across the entire UK is to always use independent witnesses who have no financial interest in your estate.

What is a 'Letter of Wishes' and do I need one?

A Letter of Wishes is a confidential document kept with your will. While not legally binding, it gives your executors practical guidance. For business owners, it’s invaluable for explaining who should take over day-to-day operations or how to handle sensitive client relationships. It’s much easier to update than the will itself and provides a personal touch to your final instructions.

Do I need an accountant or a solicitor to write a will?

While not legally required, it is strongly advised for business owners. A solicitor ensures the document is legally robust and correctly witnessed, while an accountant can advise on Inheritance Tax mitigation and Business Property Relief. Given that HMRC 40% tax hits everything above the threshold, the professional fees are usually a fraction of the potential tax savings.

Secure Your Business Legacy Today

Don't leave your life's work to the uncertainty of UK intestacy laws. Whether you are a sole trader in Wales or a tech startup in London, a professional will is your business's ultimate safety net.

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